College Times

A bill moving through the state Legislature aims to shorten the leash on convicted drunk drivers through threats of longer jail sentences and ignition interlocking devices.

The law - Senate Bill 1029 - calls for Arizona to dole out stringent punishments to those who violate the state's DUI laws.

"(Drunk driving) is dangerous to all of us," said Republican Senator Jim Waring of Phoenix, the bill's sponsor. "It really makes you sick. Nothing has been done about it for over 20 years - with the exception of the Extreme DUI Act - so we decided to implement tougher policies."

In the proposed legislation, Waring set out to increase jail sentences from 30 days to 45 consecutive days for offenders with a blood-alcohol content of at least 0.20. "The extreme DUIs over .15 are the worst of the worst," he said. "But then you get into the people over .20, and that's effectively a chronic alcoholic who is doing this all the time. It is just a matter of time before (he or she) runs somebody over."

Waring's inspiration to write the bill was a response to the barrage of stories he's been privy to since holding public office. One in particular really got under his skin from a mother whose daughter was hit and killed by a drunk driver headed the wrong way on Interstate 10. At the time, the driver had accumulated four prior convictions that, according to Waring, resulted in a scant 11 days in jail.

"We've had almost 500 alcohol-related fatalities in 2005," he said. "If it was the Ebola virus or a serial killer doing this, what would people think? They would go crazy."

As the bill made its way through the House another notable component was tacked on. Democratic Representative David Schapira of Tempe instituted a provision that did not discriminate among DUI offenders. His amendment calls for all convicted drunk drivers, .08 BAC or above, to have a breath-test device installed in their vehicle for a 12-month period.

"I think telling drunk drivers that in the year following your conviction, 'You will not be allowed to operate a vehicle after drinking' is what we've got to do," said Schapira, who was greatly encouraged by the progress seen in neighboring New Mexico. "It worked in New Mexico. They had an 11.3 percent decrease in alcohol related fatalities in the one year following the implementation of mandatory interlocks."

Installation of the device restricts the engine from starting unless the driver blows into it free of any traces of alcohol. The device then has a random retest function that forces drivers to blow repeatedly anywhere between five to 15 minutes after the vehicle starts. After that, drivers can expect a retest every 15 to 55 minutes.

"The only ways you would be able to bypass the machine is to have someone (sober) drive with (the drunken driver) and blow into the machine," said Dan Rhodes, director of operations at Guardian Interlock of Arizona. "And the chances of having a sober passenger while (the driver) is intoxicated are pretty slim, especially with this device installed. Not many sober people are going to sit in the passenger seat and say 'Alright you've already gotten a DUI go ahead and drive.'"

Guardian Interlock of Arizona currently installs the device into the automobiles of DUI offenders that are guilty of a second offense, extreme or aggravated DUI. In Arizona, Guardian has been in business for almost five years seeing a wide-ranging clientele. "(Interlocks) are used to change behavioral patterns," Rhodes said. "Most people that actually have an alcohol problem don't know it … We find in the beginning customers will fail a bunch, or they'll mess with the program, but about two to three months into it they start to really steady out. I've had a lot of people say that the machine has changed their lives."

The bill has passed both House and Senate and now awaits Governor Janet Napolitano's signature. Although she has yet to make a decision, Senator Waring is optimistic. "I believe she'll sign it," he said. "I mean, how can you explain to the public that you are not going to sign a bill that is tougher on extreme DUIs? Realistically, I don't think she has much of a choice."

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